People v. Bouser

In People v. Bouser (1994) 26 Cal.App.4th 1280, a police officer driving his patrol car saw Bouser, in an alley known for drug dealing, standing near a dumpster looking for something. When he saw the officer, Bouser became nervous and walked in the opposite direction. The officer stopped his patrol car four feet behind Bouser, walked toward him, and said, " 'Hey, how you doing? You mind if we talk?' " (Id. at p. 1282.) Bouser stopped and agreed to talk to the officer, who inquired regarding Bouser's name, date of birth, and prior arrest history. He also asked what Bouser was doing in the alley. Bouser stated he had been visiting a friend, but could not provide the friend's address. The officer queried why, if Bouser had just concluded his visit with the friend, he was unable to provide the address. He ran a records check on Bouser, while making "small talk" for several minutes. The records check revealed Bouser had an outstanding warrant, and tar heroin was found in his pocket during a search incident to arrest. (Id. at p. 1283.) The appellate court rejected Bouser's contention that the encounter violated the Fourth Amendment. The officer's questions regarding what Bouser was doing in the alley and the request for identifying information did not implicate the Fourth Amendment, and the encounter did not ripen into a detention even when the officer ran the records check. (Id. at pp. 1284, 1287-1288.)